US Department of Labor recovers nearly $62K in back wages for 11 workers denied full tips by Denver restaurant

DENVER – The U.S. Department of Labor has recovered $61,568 in back wages for 11 workers after a federal investigation found a Denver restaurant denied the employees their full tips. 

The department’s Wage and Hour Division investigated Tommy’s Oriental Food Inc., which operates as Tommy’s Thai, and determined that the employer unlawfully kept all employee tips in violation of the Fair Labor Standards Act. The division also found the employer failed to record all hours worked by employees and did not properly display a required FLSA poster.

“Violations like these are all too common in the food service industry. Most restaurant employers are legally obligated to comply with the FLSA, which prohibits employers, including managers and supervisors, from keeping any portion of another’s tips,” said David Skinner, the Wage and Hour Division’s district director in Denver.

In addition to the back wages, the employer paid a $990 civil money penalty for the violations.

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential FLSA minimum wage and overtime violations, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to ensure hours and pay are accurate.